It is a legal obligation in Venice and across the State of Florida for property owners to act with a duty of care and keep their premises safe, secure, and free from any potential hazards. This duty of care applies not only to their property but also to any renters and pedestrians.
If you have sustained injury or damage due to property negligence, then you may be entitled to compensation. Here at The Law Place, we highly recommend that you seek legal advice as soon as possible after the incident. Our law firm has a team of adept attorneys with over 75 years of collective experience in handling cases like yours. With the help of an experienced personal injury lawyer, you can rest assured that your case will be in knowledgeable hands. Your lawyer will fight to ensure that you receive any compensation that you are entitled to.
Our Venice phone lines are open 24 hours a day, 7 days a week, so you can call us at a time most convenient for you and relax in the knowledge that a skilled personal injury attorney will be on hand to help. Call our Venice offices at (941) 444-4444 and arrange a free consultation today.
What Are the Premises Liability Laws in Florida?
Property owners in Venice and across the State of Florida are required to abide by premises liability laws. This law means that any person who owns or manages a property has a mandatory obligation to ensure the safe management of their spaces. This safe management includes the general upkeep of the property, as well as the prevention of hazards that could make the property unsafe for those residing in it.
Premises liability laws can differ depending on how the injury took place. For example, as noted in Florida Statute 768.0755, in order for the property owner to be held liable for personal injury, the prosecution must prove that the owner had actual or constructive knowledge of the hazard prior to the accident.
In order to gain a successful conviction, the prosecution must prove a number of factors beyond a reasonable doubt. Such factors include:
- Proof that the hazardous condition existed for such a length of time that if exercising an ordinary duty of care, the owner of the premises should have known of the condition.
- Proof that the hazardous condition was foreseeable as it occurred regularly, and therefore should have been rectified as it has existed previously.
- Proof that the owner or person in control of the property created a condition that was unsafe and resulted in injury.
If you have sustained an injury due to unsafe premises, then you may be entitled to compensation. Call The Law Place today to arrange a free consultation.
What Are the Most Common Types of Premises Liability Cases?
There is a vast range of accidents that fall into the premises liability category. Some of the most common types of accidents that fall into this category are:
- Broken doors, windows, or locks.
- Insufficient lighting inside and surrounding the property.
- Swimming pool or jacuzzi accidents.
- Loose steps or handrails.
- Slippery floors.
- Obstructed walkways, doors, or emergency exits.
- Insufficient security within and surrounding the property.
- Trip and fall hazards.
- Fire, wind, or electrical damage.
- Any other hazardous or dangerous conditions that present a potential risk to those on the premises.
To understand more about the compensation you may be entitled to, contact The Law Place today. We have a team of highly skilled personal injury attorneys with an abundance of experience in dealing with the Florida legal system.
Duty of Care
As noted previously, owners or managers of property in Florida have a duty of care to maintain and look after their premises as well as those who are legally residing there. Failure to act with a duty of care would be considered to be negligent. According to Florida law, there are four factors to Florida’s negligence standards. These include:
- The legal requirement to act with a duty of care.
- A breach of the legal requirement to act with a duty of care.
- This refers to the connection between the breach of duty of care and the victim being injured.
- Damage and injury. This refers to the damage, injury, and any losses the victim has incurred as a result of the breached act.
Understanding the Legal Status of a Victim in a Premises Liability Lawsuit
Who is found to be liable in a premises liability case will depend greatly on a number of factors, including the type of property that the accident took place in, as well as the circumstances surrounding the incident.
One of the first things to establish when handling a premises liability claim is determining the type of individual that has been affected by this breach of duty of care. Depending on the circumstances, parties can be established into three categories.
- Invitees – An invitee is a person that has been invited onto the property by the owner or manager of the premises at the time that the accident took place. It is within their legal rights for the invitee to claim compensation for their injuries.
- Licensee – A licensee is an individual or entity that licenses the premises for their use.
- Trespassers – A trespasser is an individual or group that has entered the premises illegally and therefore without the owner’s permission. Claims made for trespassers can be more complex. However, if the owner of the property was aware of a hazardous condition that could potentially cause harm to another individual, then the trespasser may be able to claim compensation.
Here at The Law Place, we offer all of our customers a free initial consultation. During this consultation, we will assess the legitimacy of your case and offer valuable and comprehensive legal advice, and all at no obligation.
What Types of Damages Can I Claim Following an Unsafe Premises Accident?
If you or a loved one has been involved in an accident due to negligence from an owner or manager of a property, then you may be entitled to compensation. Depending on the type of accident and surrounding circumstances, you may be able to claim for any of the following:
- Lost wages or potential loss of income – If the accident has left you unable to work, then you may be able to claim any lost wages or potential loss of income.
- Medical bills and expenses – You may be entitled to claim back any medical bills from the past, present, and future. You may also be able to claim any medical expenses you may have incurred, such as traveling to and from appointments.
- Property damage – If the accident has resulted in property damage, then you may be able to claim compensation to cover any repair or replacement costs.
- Pain and suffering – This accounts for any emotional distress or trauma that you may have experienced as a result of the accident. This also takes into account any suffering that had prevented you from living the life you once lived before the accident occurred.
At The Law Place, we understand how traumatic accidents can be as well as how stressful and daunting the Florida legal system is. By seeking the advice of a skilled personal injury lawyer, they will help to guide you through the legal process and ensure you receive any compensation that you may be entitled to. Call us today to schedule a free consultation.
Contact The Law Place Today!
If you have suffered an accident due to property negligence, then you may be deserving of compensation. Here at The Law Place, we have a team of adept attorneys with over 75 years of collective experience in handling cases like yours. A personal injury attorney will be by your side throughout the legal process and will work to ensure you receive any compensation that you may be entitled to.
It is worthwhile noting that many of our personal injury lawyers are AVVO rated 10.0, which is the highest possible ranking. This rating is awarded based on length of service, trial skills, and awards, as well as client reviews and testimonials, so you can rest assured that your case will be in skilled and knowledgeable hands.
We offer all our customers a free consultation where we will assess your case and offer valuable legal advice on the next best steps to take. Our phone lines are open around the clock, so don’t hesitate to call us at a time that suits you best. Call our Venice offices today at (941) 444-4444 and get started with your case. Phone lines are open 24/7.